The FCC is unlikely to grant petitions to deny TV license renewals to 28 stations in 3 markets if recent history is any guide, said a lawyer for groups asking the FCC to act based on claims the broadcasters aired little local political news (CD Dec 27 p6). In the latest petition to deny, Ore. Alliance to Reform Media asked the Media Bureau to designate licenses of 8 stations in and around Portland, Ore., for a hearing before an administrative law judge. The FCC hasn’t taken that step for at least a decade, said attorney Andrew Schwartzman. If the bureau decided a petition merited a hearing, it would likely seek a vote of the full Commission, even though it could act under delegated authority, he said: “Hearing designations are so rare that if the bureau found merit to consider designating a hearing, they would almost certainly bounce it to the full Commission.”

AT&T had discussions into Christmas weekend with top advisers to Comrs. Copps and Adelstein, and with FCC Chief of Staff Dan Gonzalez and Tom Navin, chief of the Wireline Bureau, about the company’s merger with BellSouth, the company said in an ex parte letter filed at the Commission. AT&T said the topics included “special access related conditions, the net neutrality related conditions, the wireless issues, issues surrounding the length of any potential conditions and concerns regarding the Tunney Act.” With several crucial aides off for the week, little progress is expected on the merger until the new year, sources said. CompTel and Time Warner, meanwhile, reported on meetings at the Commission in which they raised a red flag about what they call anticompetitive effects of bundled discounts in AT&T’s special access contract tariffs. “The merger between AT&T and BellSouth will eliminate all existing and all potential wholesale metro transmission competition between the two largest wireline competitors in the BellSouth region,” CompTel and Time Warner said: “The elimination of this competition will result in both a near-term accretion in market power and a foreclosure of future competition in the market for wholesale metro transmission services.”

Bloggers sponsored by marketers using PayPerPost now must disclose payments, and marketers can’t ask bloggers to keep sponsorship secret, PayPerPost said. The company, which links marketers to bloggers, podcasters and other consumer media producers, also raised bloggers’ minimum pay for a post to $5 from $1. PayPerPost had urged bloggers to reveal paid ties using its automated tool at DisclosurePolicy.org. “Proper transparency for WOM [word of mouth] marketing has been an ongoing balance for our members and an issue with little legal precedent,” with the FTC recently declining to act formally against questionable buzz marketing by Proctor & Gamble, BzzAgents and others, PayPerPost CEO Ted Murphy said. “We will undoubtedly lose some marketers and bloggers in the process -- however, we believe this measure serves our marketplace participants long term.” Murphy warned of likely “future FTC scrutiny” for marketers and bloggers not disclosing now.

The FCC voted 3-2 to bar local franchise authorities from impeding competitive entry into cable markets by unreasonably deterring Verizon, AT&T and others from getting franchises. The vote at the FCC meeting Wed. was opposed strongly by Comrs. Copps and Adelstein. They said the order could lead to lawsuits, because the FCC lacks authority to limit local govt. actions. The move was quickly assailed by the cable industry and praised by the Bells.

Cable rates in cities as far-flung as San Francisco and Boston cluster at about $50 monthly for a popular package of local TV stations and cable networks. Expanded basic and similar packages cost about that much, excluding taxes like franchise fees in 15 cities we surveyed cable rates. Bills rose an average of 9.1% early this year in 8 cities, including Philadelphia and Norfolk, Va.

FCC Comr. McDowell said Mon. he won’t participate in the vote on the AT&T-BellSouth merger, citing concerns with advice FCC’s Gen. Counsel Samuel Feder provided and input from ethics advisors. “While I expected the legal equivalent of body armor, I was handed Swiss cheese,” McDowell said, criticizing Feder’s memo for not making a “strong and clear case” for his participation. McDowell read a lengthy statement to the media, taking no questions and leaving promptly.

DoJ denied competitive carriers’ allegations that it didn’t respond properly to information requests by the judge handling the Tunney Act review of the SBC-AT&T and Verizon- MCI mergers. At a Nov. 30 hearing “counsel for the amici alleged that the United States ‘made up’ the legal, factual, and economic support for its analysis,” DoJ told Judge Emmet Sullivan in a Dec. 13 filing. “These allegations… are based on mischaracterizations of relevant legal standards, misstatements of the United States’ positions, and misrepresentations of the factual record.” Sullivan had given DoJ permission to respond in writing to charges raised at the hearing by groups representing competitors. “The United States has been candid and consistent” in describing its views to the judge and has followed the law, DoJ said.

Legislation to outlaw Caller ID spoofing is certain to come up next year, even though it failed to pass the Senate before the 109th Congress adjourned, lawmakers said during a vigorous midnight floor debate. Several hearings were held during the past session of Congress on spoofing, and on the last day of the session, the House took up a Judiciary Committee measure (HR-5304) near midnight.

Legislation to outlaw caller ID spoofing is certain to come up next year, even though it failed to pass the Senate before the 109th Congress adjourned, lawmakers said during a vigorous midnight floor debate. Several hearings were held during the past session of Congress on spoofing, often accomplished through Internet-based tools, and on the last day of the session, the House took up a Judiciary Committee measure (HR-5304) near midnight.

Mediacom continued to press its case against Sinclair at the FCC in filings late last week. Sinclair and Mediacom agreed Nov. 30 to try to work out a carriage deal by Jan. 5, a decision made hours before Mediacom’s contract to carry Sinclair stations was to expire (CD Dec 4 p9). With a few weeks to forge a deal, Mediacom returned its attention to an emergency retransmission complaint it filed in Nov. against Sinclair. Meanwhile, the NAB told the Commission it shouldn’t step in.